Copyright Compendium

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618.8 (A) (6) Conceived, Conception

 

618.8 (A) (6) Conceived, Conception

 

As a general rule, the applicant should use one or more of the terms set forth in Section 618.4 (C) to describe the copyrightable authorship that the applicant intends to register.

 

The applicant should not use the term “conceived” or “conception” in the Author Created field or the Nature of Authorship space, because they suggest that the applicant may be asserting a claim in an idea, procedure, process, system, method of operation, concept, principle, or discovery.

 

Example:

 

• An application is submitted for a toy train that was conceived, designed, and produced by HTM Models. The applicant asserts a claim in “sculpture.” The registration specialist will register the claim.

 

If an applicant uses the term “conceived,” “conception,” or the like to describe copyrightable authorship, the registration specialist may register the claim if it is clear that the term is being used as a synonym for “created” or “creation.” By contrast, the specialist may communicate with the applicant or may register the claim with an annotation if the applicant appears to be asserting a claim in uncopyrightable subject matter.

 

Examples:

 

• An application is submitted for a musical work stating that the author “conceived words and music.” The registration specialist may register the claim without communicating with the applicant, because the word “conceived” is clearly being used as a synonym for “created” (although “music” and “lyrics” would be a more appropriate authorship statement).

 

• An application is submitted for a website. Molly Callaghan is named as the author of “artwork” and Sally Mavory is named as the author of “conception and text.” The statements in the application clearly indicate that Molly and Sally contributed copyrightable text and artwork to this website. The registration specialist may register the claim with an annotation, such as: “Regarding authorship information: Concepts not copyrightable. 17 USC 102 (B).”

 

• An application is submitted for a set of blueprints. Sloan Peterson is named as the author of a “technical drawing” and Cameron Rooney is named as the author of “conception.” A statement on the deposit copy reads “by Sloan Peterson.” The registration specialist will communicate with the applicant to determine if Cameron contributed copyrightable authorship to the work. If he contributed only ideas, concepts, or the like, the specialist will ask for permission to remove all of Cameron’s information and the term “conception” from the registration record.